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(b) Coverage provided under this policy is excess over and shall not contribute with:
<br />(i) any insurance purchased by or onbehalf of any organization described in a.(1)(a) above; or
<br />(ii) any other indemnification to which the insured is entitled from the organization described in
<br />a.(1)(a) above.
<br />(c) In no event will the insurance provided under this policy inure to the benefit of the organization
<br />described in a.(1)(a) above, or to any of its directors, officers or employees, except to the extent
<br />that coverage is provided to an insured under this policy as set forth in a.(1)(a) above.
<br />(2) The gaining of any profit or advantage to which an insured was not legally entitled.
<br />(3) The actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of
<br />"pollutants;" including:
<br />(a) Any request, demand or order that any insured or others test for, monitor, clean up, remove,
<br />contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of
<br />"pollutants;" or
<br />(b) Any "claim" or "suit" by or on behalf of a govemmental authority for damages because of testing
<br />for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing or in any
<br />Way responding to, or assessing the effects of "pollutants."
<br />(4) Any criminal, malicious or deliberate fraudulent act by the insured, including any malicious or
<br />intentional discrimination or harassment of any kind.
<br />(a) This exclusion shall apply only if it is finally adjudicated that such conduct in fact occurred.
<br />(b) This exclusion shall apply only to those insureds that engaged in such conduct and shall not be
<br />imputed to any other insured.
<br />(c) This exclusion does not affect our duty to defend an insured, in accordance with Paragraph 1.a.
<br />above, prior to determining, through the appropriate legal processes, that the insured engaged in
<br />such conduct.
<br />(5) Any actual or alleged violation of the insured's responsibilities, obligations, or duties imposed by:
<br />(a) The. National Labor Relations Act.
<br />(b) The Consolidated Omnibus Budget Reconciliation Act of 1985.
<br />(c) The Worker Adjustment and Retraining Notification Act.
<br />(d) The Fair Labor Standards Act, however, this exclusion (d) does not apply to the Equal Pay Act.
<br />(e) The under -funding or inadequate funding of any qualified or non-qualified pension or service
<br />awards program, or any liability imposed under the Employee Retirement Income Security Act of
<br />1974, the Pension Reform Act of 1974, or similar provisions of any federal, state or local
<br />statutory law.
<br />(f) Any workers compensation, social security, disability benefits or unemployment compensation
<br />law or similar federal, state, or local statute or regulation, however, this exclusion (f) does not
<br />apply to "benefits administration".
<br />However, this exclusion (5) does not apply to a "wrongful act" based upon, arising out of, or
<br />attributable to the actual or alleged retaliatory treatment of the claimant by an insured arising from
<br />the .claimant's exercise of rights pursuant to any such statute or law.
<br />(6) The operation of the principles of eminent domain, inverse condemnation, condemnation
<br />proceedings, adverse possession, or dedication by adverse use, including similar actions by
<br />whatever name called.
<br />(7) The failure to effect or maintain any insurance or bonds of any kind. This exclusion does not apply to
<br />"benefits administration".
<br />b. This insurance also does not apply to:
<br />(1) "Bodily injury" or "property damage" arising out of:
<br />(a) "Fire -Rescue Service".
<br />(b) The ownership, maintenance, use or entrustment to others of any aircraft, "auto", watercraft, or
<br />"mobile equipment" owned or operated by or rented or loaned to any insured. Use includes
<br />operation and "loading and unloading".. This exclusion applies even if the actual or alleged
<br />"wrongful act" is based upon, arising out of, or attributable to negligence or other wrongdoing in
<br />the supervision, hiring, employment, training or monitoring of others by the insured, if the "bodily
<br />injury" or "property damage" involved the ownership, maintenance, use or entrustment to others
<br />GL 0200 01 15 McNeil & Co., 2015 Paf3g of 6
<br />Includes copyrighted material of Insurance Services Office, Inc. with its permission.
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